Public Act 93-0583
HB0467 Enrolled LRB093 06585 JLS 06713 b
AN ACT concerning electronic fund transfers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Electronic Fund Transfer Act is amended
by changing Section 50 as follows:
(205 ILCS 616/50)
Sec. 50. Terminal requirements.
(a) To assure maximum safety and security against
malfunction, fraud, theft, and other accidents or abuses and
to assure that all access devices will have the capability of
activating all terminals established in this State, no
terminal shall accept an access device that does not conform
to specifications that are generally accepted. In the case
of a dispute concerning the specifications, the Commissioner,
in accordance with the provisions of Section 20 of this Act,
shall have the authority to determine the specifications.
(b) No terminal that does not accept an access device
that conforms with those specifications shall be established
or operated.
(c) A terminal shall bear a logotype or other
identification symbol designed to advise customers which
access devices may activate the terminal.
(d) When used to perform an interchange transaction, a
terminal shall not bear any form of proprietary advertising
of products and services not offered at the terminal;
provided, however, that a terminal screen may bear
proprietary advertising of products or services offered by a
financial institution when a person uses an access device
issued by that financial institution.
(e) No person operating a terminal in this State shall
impose any surcharge on a consumer for the usage of that
terminal, whether or not the consumer is using an access
device issued by that person, unless that surcharge is
clearly disclosed to the consumer both (i) by a sign that is
clearly visible to the consumer on or at the terminal being
used and (ii) electronically on the terminal screen.
Following presentation of the electronic disclosure on the
terminal screen, the consumer shall be provided an
opportunity to cancel that transaction without incurring any
surcharge or other obligation. If a surcharge is imposed on
a consumer using an access device not issued by the person
operating the terminal, that person shall disclose on the
sign and on the terminal screen that the surcharge is in
addition to any fee that may be assessed by the consumer's
own institution. As used in this subsection, "surcharge"
means any charge imposed by the person operating the terminal
solely for the use of the terminal. This subsection does not
apply to a point-of-sale purchase transaction at a terminal.
(f) A receipt given at a terminal to a person who
initiates an electronic fund transfer shall include a number
or code that identifies the consumer initiating the transfer,
the consumer's account or accounts, or the access device used
to initiate the transfer. If the number or code shown on the
receipt is a number that identifies the access device, the
number must be truncated as printed on the receipt so that
fewer than all of the digits of the number or code are
printed on the receipt. The Commissioner may, however,
modify or waive the requirements imposed by this subsection
(f) if the Commissioner determines that the modifications or
waivers are necessary to alleviate any undue compliance
burden.
(g) No terminal shall operate in this State unless, with
respect to each interchange transaction initiated at the
terminal, the access code entered by the consumer to
authorize the transaction is encrypted by the device into
which the access code is manually entered by the consumer and
is transmitted from the terminal only in encrypted form. Any
terminal that cannot meet the foregoing encryption
requirements shall immediately cease forwarding information
with respect to any interchange transaction or attempted
interchange transaction.
(h) No person that directly or indirectly provides data
processing support to any terminal in this State shall
authorize or forward for authorization any interchange
transaction unless the access code intended to authorize the
interchange transaction is encrypted when received by that
person and is encrypted when forwarded to any other person.
(i) A person operating a terminal in this State may notimpose a fee upon a consumer for usage of the terminal if theconsumer is using a Link Card or other access device issuedby a government agency for use in obtaining financial aidunder the Illinois Public Aid Code.For the purpose of this subsection (i), the term "personoperating a terminal" means the person who has control overand is responsible for a terminal. The term "personoperating a terminal" does not mean the person who owns orcontrols the property or building in which a terminal islocated, unless he or she also has control over and isresponsible for the terminal.
(Source: P.A. 89-310, eff. 1-1-96; 90-189, eff. 1-1-98.)